DLA and looked after children

Hello as always I would be grateful for any help with the following query.

I have looked at SS DLA Regs 1991, Reg 9 which, if I have understood correctly, suggest that a looked after child who lives in a private residental home cannot get paid the care component of DLA on the basis that they are a looked after child.  The mobility component remains in payment.

Is this correct? If so does the DLA care stop after 28 days or immediately.

Thanks in advance for any help.

I think the DLA care is paid for looked after children when they are placed in a ‘private dwelling’, see reg 9(4)(a). The DMG has this intrepretation too (para 61736 of cpt 61)

Just realised - where you’ve said ‘private residential home’ I’ve assumed that you mean someone’s private home. What sort of place is the child living in?

Thanks Tony and Jane.

It’s a Children’s Residential home but privately owned so does not fall under reg 9 (4) (a).

The query came from the managers of the residential home who state that they notify DCS when a child moves in but DLA remains unchanged and continues to be paid beyond 28 days.  I’ll seek further details about case specifics.